>> reports of station where road blockss were happening. all of a sudden the road blocks ended. traffic came through they stopped looking at those vehicles. it is not possible they would have done that had they not been sure that this man had been stopped once and for all. >> trace: no, they have recently asked us to please stop the twitter feeds because they wanted that to stop. if they wanted to they would gable again and change frequencies on the scanner. enforce this no fly zone over the cabin. checking every single car that comes in and out of big bear. we mentioned a couple of times three highways that go in and out. as of 2:00 this afternoon west coast time or 3:00. every one of them was shut down. they weren't letting anybody go anywhere. this highway 38 that the cabin sits about couple yards up still shut down.

this thing appears for now to be making its way towards an end and this, again, the biggest man chase in california history, shep. >> well, soon we will learn exactly what happened when one of two people being tied up inside a cabin was able to escape we'll learn what happened after that when fish and game authorities engaged in a vehicle-to-vehicle shootout. when this man who had been hunted for days now ended up crashing that vehicle and eventually met his end in this cabin. for trace gallagher in los angeles. i'm shepard smith in rome. our coverage continues now with a special edition of -- >> bill: hi, i'm bill o'reilly. thanks for watching us tonight. the state of the union coming up in about an hour. we have full coverage of that but, first, a major breaking story in america tonight.

now, you guys are going to have to be fluid here because 33-year-old christopher dorner, former l.a. cop turned murderer, may be dead, possibly killed by authorities after he barricaded himself in a mountain cabin east of los angeles. we don't know his status. cabin is is on fire even as we speak. so through the this hour we are going to go back in and out. okay? the drama began shortly after noon west coast time when dorner stole a car, tried to make a get away from the big bear ski area where he had been hiding after murdering a police captain's daughter, her fiance and then a riverside county police officer severely wounding another. dorner alluded authorities for six days, today he killed yet another officer, a california wildlife warden. also wounded another warden in critical condition right now. so what we're going to do through the this hour latest on this case because stuff is happening minute by minute,

literally. all right? we don't know about dorner. we do know that scores of police surrounded the cabin where he was. okay? fired tear gas into that cabin. cabin caught fire. you saw the pictures. flames went up. that's what we know now sun is descending on the west coast. did not want to get into darkness that gives him an advantage in escaping. they sieged the house. as soon as we know anything more we will cut into whatever we are doing and tell you. i'm going to bring in fox news professor jen from the scene. she has been down there for three hours. she can set what the police have established in the area. jen, you hear me all right on the phone? yeah i hear you. >> you get there and then the police basically had chased him into this cabin correct?

pick up the story from there. >> yeah. from what we understand they chased him into the cabin that they set up a large perimeter in the area to keep the public safe and also to keep everybody out pretty much. so where i am right at the moment, we are about five miles back from that actual cabin that we understand is on fire right now. there is a police barricade kind of blocking everybody out of there. to keep everybody safe, basically. >> bill: all right. as i said, as i reported at the top of the program, he tried to get away. he was hiding in the big bear area. everybody knew that. they were searching all the cabins, a lot of cabins there are empty because it's a ski resort area. people don't live there full time. they come on the weekends or whatever. now, the police established a no-fly zone over the area so helicopters can't get up there, correct? why did they do that? >> they did that because there was initial concern that could have been held up in that cabin watching some sort of tv or internet signal and seeing any sort of, you know, that would give away the position

of the authorities on the scene. some of the swat teams that were around the area. they did that initially to try to protect the officers not give him any sort of a heads up where they were around the area. what we are hearing they are letting those back in. so not sure that was originally why. we have heard radio transmissions. radio police transmissions that say we are standing down which means what. do you have any idea what that means? >> i don't know exactly what that means. what i was thinking because the home now is is in cabin he is expected to be hold up in is pretty much engulfed in flames, i believe they are going to sit back probably and see what happens instead of going got to be careful the guy could have crawled out offer something like that.

how much police did you actually see in your stage area? how many police were running inenned out of there. >> i haven't seen any come out but i have seen a lot run in. we had a bunch passing us on the highway, flying up here. since we have got here, i have seen at least 50 go flying in some of them in unmarked cars. some unofficial cars swatted helmets. we have seen a lot more go in who is in charge of the investigation? who is the lead agency? >> in this area, from what i understand, i mean, there is a joint task force with the l.a.p.d. in that area. in this area san bernardino sheriff's department has really been taking a lead on the search of the cabins all around the big bear area. you know near where his burned out truck was found. back last thursday. so, they have been the ones kind of in this area that have been taking the lead that have been doing the big foot

searches and aerial severance over the last five or six days we have been there. >> i missed that. what agency is taking the lead up here? >> up here it's been san bernardino county sheriff's department. >> bill: sheriff's department not the state police are taking the lead in this investigation. the reason that's important is somebody has got to be giving the orders and somebody has got to have given the order to do in. it looks pretty well organized. they are coordinating pretty well. all right, jen. i hope you stand by and if anything happens please let us know right away. we're going to take a quick break now? -- okay, we are not going to take a quick break they told me. here is what is happening here. we're going to go to william la jeunesse. william has been following the story from l.a.p.d. headquarters. is that where you are, william? >> that's right, bill. >> bill: okay. what's the latest that you know? >> you know, what we know is he got basically -- he stole this vehicle. got in a shootout on the road as california fish and

wildlife attempted to stop that vehicle. they were in a shootout. he stopped that white van and ran into the forest. there was a fire fight there. remember, when he is running, there is only so much ammo and weapons that he can carry at one time. so, his situation broke down. he wasn't as well-armed. he didn't have his night vision. he didn't have this stuff all this stuff he may have hoped he would have had he been in the cabin by himself. this wasn't the original cabin that he was staying in where he tied up these women. he was out running a good distance from the highway. so, what we know now is by all appearances once he went into this cabin by himself, it was unoccupied. no cable, no tv, nothing like that. 85-year-old cabin wooden floor so the ceiling of that basement if he got in there, that's wood. that's going to burn. that's going to come down. they are going to leave it alone. time was on the cops' side. they had armored vehicle to go. in swat. san bernardino swat team was there as well. by the looks they were going to let this burn. go in and either find him dead

on or about alive. bill? >> bill: the l.a.p.d. are they coordinating this with the san bernardino authorities? it's a distance away from los angeles, big bear. for folks around the country who haven't been there. los angeles basin is, you know, very extensive. l.a. county the biggest county in the united states. but then you go east, and you get into mountains, you can see the mountains from the city. and big bear is a very very well attended ski resort as i said. a lot of cabins. that's where this guy went because he knew the area, obviously. the l.a.p.d. do they have officers up there? are they involved in this shootout? >> they have guys up there task force. fbi, u.s. marshall. l.a.p.d., riverside county sheriff. remember, l.a.p.d. was somewhat ancillary. first victims were irvine. second were corunna. third were riverside and now san bernardino.

they weren't taking a lead role in many of these. however, they were heading up the task force. they up the million dollars. the task force upstairs here. they were involved in this as jen said calling the shots out there was the san bernardino sheriff. l.a. police chief beck was still in decide here. they have emotional tie to this. this was one of their own. chief beck as you remember said he trained this guy at news conference last friday. they wanted him taken dead or alive. >> bill: sure. embarrassing to them and the guy said that his motive was because he got fired from the l.a.p.d. because of racism and all this nonsense. all right, now, earlier today what led to all of this apparently and you correct me if i am wrong, william because have you been on this case, apparently this guy tried to steal a car, right? he tried to steal a truck or a car. and he tied a couple of people up. you know, they were lucky because this guy has been killing people like crazy, pick it up from there. >> well, what appears to have

occurred, as you know, he tried run. he tried go to mexico and steal that boat in san diego. that didn't work that was probably plan a. plan b is he had a friend whose family had a cabin up in big bear. then his axle broke on his vehicle. that was plan b. that didn't work out too well. what we don't know, bill, is this couple, thi women that he tied up, he took their -- you know, he was in their house in this cabin, we don't know how long he has been there has it been since last thursday or was he out in the woods then came and took it? nevertheless he didn't take that vehicle. he apparently hijacked another vehicle on the road. he takes this vehicle and then there is a report, you know, a 911 call says guy stolen car, car vakd gentleman. we think it's this guy christopher dorner. looks like him. that's when fish and game engagements and that's when they get on the radio. >> bill: that's when all hell breaks lose. what happened to the people that he carjacked? what did he do to them? did he throw them out on the pavement or what happened to them? >> as far as -- bill, honestly, do not know

carjacked. >> if you don't know, you don't know. we don't want to do any speculation here at all. but, we just want to have the narrative clean. the guy has been on the loose for six days. they can't find him. they know where he is. they can't find him exactly. then today he tries to get out of there because, you know, everybody is combing around. he -- he tries to car jack, gets in a car, doesn't kill the people who own the car, but apparently somebody somebody called 911. says this is the guy. this is the car he is. in that's when the wildlife people were in on the hunt. confront him that's when he gets back into the forest and he shoots one of the wardens dead. the other is critical. you know, this guy is a vicious guy. no doubt about it anything else that you feel moves the story along. >> big news, blackout. it seems that he was always

one step ahead of us. maybe that's because we were telegraphing everything. he has the tv and watching scanners. trained by these guys he knows what to anticipate. >> today. right. so no tv. no twitter. get rid of the helicopters, trying to make sure there is no feedback that allows this guy to know what they are doing. that's what i think we saw that happened the last two hours basically telling the media to shut up and get out. let us do this thing until it's over. now things are coming back to normal. >> bill: all right. william, stand by for us if you will. we have phil willen from the "l.a. times." a reporter he is on the phone as well. can you advance this story, mr. wilin for us? any new information? >> yeah. well, i mean, still the same. they are entering the cabin my understanding, at least somewhat trying to find out what the situation is. the one thing that i guess i didn't hear you guys talking about is that police on the chase from big bear to the town where he was held up in the cabin they exchanged

gunfire on the road. and got into the cabin that's when one of the deputies died and one was wounded. after the cabin was surrounded by deputies, the gunfire exchange continued. there has been some speculation that maybe he slipped away or something like that. but, the gunfire -- the gun battle was continuing when they were in play. so there was someone in there firing at them and someone that witnesses described as looking like dorner. that's when tear gas went in after quite a while for the barricaded standoff. tear gas went in and the cabin went up in flames. they think there is a high probability it's him. but they don't want to verify that for sure until they can get in and find a body. >> absolutely and they shouldn't. >> newspaper earlier today reported there might have been some hostage involved here. i just want to clear that up right now. >> there were two women tied up in a cabin before all of this action today. then there is somebody

involved in a carjacking. can you clarify either or both of those situations? >> certainly, whatever happened is that two women who lived in a house or cabin near where his pickup truck was abandoned on thursday and set on fire, it was not too far from there. and they were tied up and held. i don't know if it was just today or for the past, you know, since thursday. >> bill: who rescued those women? who got those women? >> excuse me? >> >> bill: who rescued those women? >> my understanding is that dorner took their car from that house or cabin after he left they were able to break free and call 11 that's how the ball started to roll. then i guess there was engagement with fish and wildlife officer who was not injured and then two deputies who pursued them down the mountain tab. in the place where the cabin was where they caught fire in the standoff was not in big bear. on the way down the mountain

about maybe a third of the way down. >> what about the carjacking people? do we know anything about them? >> no, i don't think there was a carjacking. what i think is he held two people -- he tied up two people in big bear and took their car, that's my understanding. >> reports of a carjacking they are probably erroneous and that makes a lot of sense now. we appreciate that information very much, phil. so that he had a two women tied up in a house. why don't know for how long. he then takes their car, all right? answered tries to get away. they get loose and call 911, alerting authorities that he is in their car. they spot the car and then the action ensues do i have it? >> right. like a running gun battle on the road as pursuing it. >> good, phil. we appreciate that we are starting to get a clearer picture. now all we need to know is if dorner is dead or alive and what the situation in the cabin is.

we're going to take a break and come back with trace gallagher who is our guy in the los angeles bureau. everybody is on the phone. this is very -- this is what breaking news is, ladies and gentlemen. we have got everybody around. it's all coming in to you live time on the factor tonight. we also do want to do a preview the state of the union, which is coming up in less than an hour. we have got charles krauthammer standing by for that. and laura ingraham as well. so, we will return after these announcements. today is gonna be an important day for us. you ready? we wanna be our brother's keeper. what's number two we wanna do? bring it up to 90 decatherms. how bout ya, joe?

let's go ahead and bring it online. attention on site, attention on site. now starting unit nine. some of the world's cleanest gas turbines are now powering some of america's biggest cities. siemens. answers. to volunteer to help those in need. when a twinge of back pain surprises him. morning starts in high spirits, but there's a growing pain in his lower back. as lin grow longer, his pain continues to linger. but after a long day of helping others, he gets some helpful advice. just two aleve have the strength to keep back pain away all day. today, jason chose aleve. just two pills for all day pain relief. try aleve d for strong, all day long sinus and headache relief.

>> bill: if you are just joining us, we are continuing live time to cover the story of this i don't know what to call him mass murderer, dorner, all right, who is is now either dead or extraordinarily lucky that he is not because police have trapped him in a cabin that is burning, has burned in big bear, california. few, this guy, he killed monica kwan, 28 years old. her fiance randal quan.

i'm sorry, monica kwan was the daughter of l.a.p.d. captain randal kwan. keith lawrence 27-year-old miss kwan's fiance. two officers, one deputy and one california game warned. and he wounded three other officers. so this is a bad elm um bray. and i didn't think anybody is going to be too sad if he he goes down. joining us from los angeles bureau trace gallagher who has been following this story all day. anything that you want to adhere or do you want to advance the story a little bit? you take it where you want to take it here, trace. >> a couple of important things to note, bill. you just mentioned monica kwan who was killed. daughter of randal kwan who is the man who represented, remember christopher dorner during that hearing that led to him getting fired. that's where this whole vendetta started because he said the l.a.p.d. ruined his name. and he killed randal kwan's daughter who get back at randal kwan.

in that manifesto there were 40 other names of l.a.p.d. officers that's how they got christopher dorner's name because he posted this manifesto online. as for today's events, to get the proper context it's very important to go back if you will to last wednesday when they found that truck burning on the side of the road in big bear. near the golf course area. it's in that area that the command post was set up all the law enforcement, hundreds of them and media, hundreds of them set up right there. the cabin where the home invasion happened, we believe today, bill, but it could have happened yesterday, two days ago, three days ago. that cabin was only a couple of hundred yards from the command center and the media post. so you have all these live shots going on. you have these police scouring this mountain very possible the suspect was holding up just a couple of hundreds yards down the road. this morning we're told dorner

sometime midmorning that couple unharmed inside the cabin did not take their vehicle went down the road and carjacked another vehicle. >> let me stop you there. this is a contradiction to the "l.a. times" reporter. who says he did take the vehicle from the couple that he tied up. it doesn't matter. it will clarify itself. but i just wanted -- there are two separate reports. and a breaking news story like that that happens all the time. but according to what you know, he didn't take their vehicle. he went down and he carjacked another vehicle. now, i go back to my initial question. do we know anything about the carjacking people? what happened to them or who they are or anything like that? >> the carjacking, the person, the man who was carjacked who owned the truck was not harmed at all. he was told to get out of the truck. in fact, his friend was on a couple of local news stations today saying, describing the whole thing. here is the carjacking went down. it's then that dorner got in

this white dodge truck and drove down the road and, of course, the authorities were notified and fish and game were the first ones to spot the truck. they pursued and that's when the first shootout took place. fish and game officers were not injured in any capacity. it was during the second shootout because dorner got out of car and ran towards this cabin. as he got inside the cabin, he turned around and fired on the first deputy it. reportedly killing the first deputy. and then dorner apparently tried to run out the back of the cabin which is now if you looked to the left of your screen almost burned to the ground, that was when the second deputy, san bernardino county deputy went the to the back and he was shot. we believe that deputy will survive and that's when the hold up inside the house began and he continued firing. in fact, until a few minutes ago, bill, while this fire was raging, you could hear the ammunition, pop pop pop pop pop inside that house still going on. so it stands to reason as police suspected that christopher dorner was loaded

for bear when he was inside that cabin. despite the fact two assault weapons from inside the car last week. their intention, their belief is that, yes, he was inside the cabin, now we're being told they plan to let this thing which has almost burned out burn itself out and then they will continue the investigation because they believe they will have dental records, they will have enough evidence and fingerprints not going to trial, right? they will have enough to put this case to an end. you have a lot of l.a.p.d. officers right now and their families breathing a cease-fire relief this guy waged war. >> didn't get out of there by some miracle get out of there before the fire went up. we just don't know that because the authorities. >> we do they had two perimeter its around this cabin one the short thing and another one in the back. >> look, the heavy odds are that he is either quote shot or killed himself. the body is there always the possibility that some crazy thing could have happened. the thing that doesn't make

sense about this carjacking to me and this is a small point so ruthless and so willing to commit murder, that why would you throw a guy out of a car, his own car, when you know he is going to call the cops and tell the cops exactly what happened to him and then you are going to be identified very quickly? doesn't seem to be in context to what this guy dorner, listen, to allude the authorities for six days, that's not easy. now, this guy was a former navy, former l.a.p.d. he knew how to handle himself in this world. but that seems to me, i don't know, maybe he was desperate. who knows? >> well, remember, it kind of fits the pattern. because when this whole thing started last wednesday night. the reports were that he went and stole the boat in san diego and the 81-year-old man who owned the boat, he tied him up and he said, look, you can find your boat in mexico when i'm all done with this

thing. didn't hurt the guy at all. the boat didn't start because the propeller was wrapped with rope so it didn't start and he had to flee. >> bill: if you tie somebody up. >> didn't hurt anybody he came in contact with bill, except for police officers and their families and presumably this couple, the carjacking, the older man and he was also at a motel while he was on the run and didn't hurt anybody there. came in contact with a number of people in these different areas and hurt people who he had this vendetta against that were in this manifesto. >> bill: all right, trace. we appreciate it please stand by so we can have everybody standing by the second anything happens we will bring it to you. now, we're going to go take a little break, not long. charles krauthammer is going to come and give us a preview of the state of the union, but even more interesting to me are comments made by dick cheney today that are really anti-obama. krauthammer in a moment. ♪

[ male announcer ] pain not sitting too well? burning to feel better? itching for relief? preparation h offers the most maximum strength solutions for all hemorrhoid symptoms. from the brand doctors recommend most. preparation h. don't stand for hemorrhoids. yeah. then how'd i get this... [ voice of dennis ] ...safe driving bonus check? every six months without an accident, allstate sends a check.

ok. [ voice of dennis ] silence. are you in good hands?

>> bill: continuing with the live he division the factor. when i got the bullets in here apparently some of the authors watching the factor tonight. nobody has emerged according to the associated press. nobody has emerged from that burning cabin. all right. so that means the guy is dead, right? that's what we would assume. all right, now, today, former vice president dick cheney took a major shot at president obama. >> if you look at what the president's motives are for picking chuck hagel. i think he wants a republican to go be the foil, if you will, for what he wants to do to the defense department, which is, i think, do serious, serious damage to our military capabilities. >> bill: wow, joining us now from washington charles krauthammer.

so if in the context of the state of the union where the president is going to announce how many troops he is going to withdraw this year from afghanistan, it's going to be a substantial number. cheney is basically, the former vice president knows very well it's the state of the union day. basically saying he is try to hurt the military. trying to degrade it and you say? >> look, it's always very difficult to know the motives of any actor. and i have slightly different view and that is what is obama a community organizer. is he a man who believes in leveling between the classes. is he a man who wants to go against inequality to reduce inequality and to bring what the left, he is a man of the left will call social justice. what's the biggest model of that in the world? western europe. he is a european social democrat. sweden, france, britain, those are examples. and they are the entitlement state. what's his major achievement in the first term? obama care. nationalizing the healthcare the way they have it in europe and until obama we didn't have

it here. how do you get the money so subsidize an entitlement state? two ways europeans have shown us. raise taxes which we are going to hear in the state of the union. obama is very inat this particular time on raising taxes relentlessly and reducing defense spending. after the second world war the european countries slashedz defense spending to the point where the french can't even air lift troops into mali a few hundred miles away. and that is how they were able to fund the entitlement state. obama, i do not think, wants to destroy the military but his main objective, the reason he is president, what i wants to achieve and leave as a legacy is to create a more, as he would say, socially just entitlement state like europe. that's why he doesn't really care about the cuts in the pentagon because that's where you get the money. and he wants to raise taxes because that's the other source. of getting the money.

that's how i understand what he wants to do with the pentagon. >> bill: let me ask you some ridiculous questions, okay? you are used to that from me, right? >> that's why i'm here to straighten you out. >> bill: number one, why doesn't he just say that? what you said why doesn't president obama have to say it because he doesn't have to run for office again. why doesn't he just say it? >> look. i don't think that saying i'm a european social democrat is an appealing argument. >> bill: doesn't say it quite that way but i want to spend less on the pentagon and more on social justice? why doesn't he just say that? >> he has already said that in the inaugural address. he said we have to nation build at home what does that mean? it is clear as a bell. don't want to spend our money in wars. we want to spend our money at home. don't want to spend it on cruisers -- >> bill: just say it he says it in every which way. he has been saying it ever since he was inaugurated in 2009. >> bill: he doesn't say the words.

you read the words that way, i bet you if he were here he would deny it all day long. i don't want to do that i'm not going to do that i'm just going to modernize. i'm going to do this. he is never going to say i'm going to take the money from the military and give it to people because i think that's the social justice way to go. never going to say that. >> he is a politician who understands that if you are going to win the argument, crush the republicans, get this done in congress, you have to speak the language of the people. so what dogs he say? he doesn't say i'm a sveda. -- sweed. i want to have a very lien military. we don't want these wars abroad. hedge them on the dominant power. >> bill: he doesn't say that he doesn't say we don't want to be the dominant power, charles. he never said that. >> he goes around the world apologizing. >> just doesn't say it all right. i got it. >> i'm just trying to point out. >> bill: i'm getting tired of the dance. you know what i mean?

i'm getting tired of the dance. >> two elections in the row. >> he doesn't have to -- just say it now. >> fractured the republicans. he won on the fiscal cliff and now is he going to want to win on sequester. the republicans are the ones who are defending the rich. all the task breaks for the oil companies and they wanted to take the food out of mouths of babes and take away healthcare from your mother. >> that's his way of saying it. >> you read my mind here. you read my mind here. is he not going to say. >> he is not going to say tonight i'm going to raise taxes. he never says that on the rich he did. but he is going to say we have to private jets. oil companies no more subsidies. that's what's is he going to do effective tax raise. you agree with me he there. he is not going to say i'm going to come out and raise taxes again on these damn

people. i don't like them and i want their money. >> you are conceding that he dances. he won't say it straight. he will talk about loopholes when he really wants to raise taxes. >> bill: that's a good way of raising taxes for obama. >> that's exactly right. that's why he usings this other kind of language. he wins with that. >> bill: yeah. that's what he does all day long. all right. the final question is, the state of the union is just propaganda, to me. i have been doing this 35 years. i don't think i have ever heard a pithy statement from any president. oh, we're doing great. every president every one, am i wrong? >> the reason is he giving this speech is not so he lodges a pithy statement in the nation and get engraved on his tomb stones stone. is he giving this speech to crush the republicans. the only thing standing between him and this left

agenda that he wants to enact which was stopped in the last two years is to neutralize, to marginalize republican house. and if he does that he started that with the fiscal cliff, he split them and neutralized them. if he does it with the sequester and other arguments, he he then has the high road unopposed to controlling washington and to change the country the way he said he would. the way he started in years one and two. >> charles krauthammer, everyone, thanks very much. we appreciate it the president's state of the union about 20 minutes away. a little bloviating before that we're going to throw down to washington for that. all right. we're going to be back in a moment and we're keeping our eye out on l.a. we believe that if the associated press is correct, that this guy is toast. all right? he is either probably dead, either by suicide or the police. got him. but we will keep you posted. we'll be right back in a moment.

so...how'd it go? well, dad, i spent my childhood living with monks learning the art of dealmaking. you've mastered monkey-style kung fu? no. priceline is different now. you don't even have to bid. master hahn taught you all that? oh, and he says to say (translated from cantonese) "you still owe him five bucks."

your accent needs a little work.

i'm here to pick up some cacti. it should be under stephens. the verizon share everything plan for small business. get a shareable pool of data... got enough joshua trees? ... on up to 25 devices. so you can spend less time... yea, the golden barrels... managing wireless costs and technology and more time driving your business potential. looks like we're going to need to order more agaves... ah! oh! ow! ... and more bandages. that's powerful. sharble data plus unlimited talk and text. now save $50 on a droid razr maxx hd by motorola. >> bill: continuing now with our live coverage of the dorcher situation in southern california. a quick recap. this guy who has murdered four americans and wounded three others was caught in the shootout today trying to get out of the big bear ski area that is east of los angeles. he he hold up in a cabin for a while. authorities surrounded the cabin and set it afire

somehow. we don't know exactly with what. it burned to the ground. associated press is reporting no one came out of the cabin. we assume dorner is dead. could be wrong on that though. can't take that to the bank right now. joining us is our is it legal team lis wiehl and kimberly guilfoyle. both are former prosecutors. guilfoyle actually worked in l.a.p.d. -- l.a. county. >> lada office. district attorney. >> bill: this is provocative i know i'm going to offend people. i'm going to tell you the truth. there are some cases the police don't want to bring in. they will want the guy dead. and i believe this is one of them. now, the guy hold in and shot two police officers today. one is dead and one is wounded: here? i think everybody in los angeles. i don't even believe in the death penalty want this guy dead, am i wrong. >> the fact of the matter is in california the death penalty is on the books and the los angeles district attorney's office which would have been have been handling this case from the inception if it was brought in for prosecution would have

proceeded. >> bill: why would l.a. handle it. >> because l.a.p.d. is originally the case, the original jurisdiction on this case in terms of what happened in the area. >> bill: that's interesting. >> what you would do is consolidate the cases. this is a very complex legal case to try. you have multiple agencies. different tactical operations involved. so they would consolidate it and probably try it downtown in los angeles. take approximately 10 years to even put this together to bring it. >> just want to get rid of this guy because he he has done so much damage. >> it's a special circumstance. based on multiple counts. >> except that -- bring the prosecutor in. consulting the l.a.p.d. consulting with the prosecutor's office which they should have been, you know darn well that the prosecutor's office can't have any fingerprints on this. >> then go ahead. you have got to take this guy. >> bill: nobody is going to say what i just said. but i know the police subculture pretty well. i have been dealing with, you know, crime and punishment for a long time. and i know there are cases where they don't want to bring them in. >> right, especially when

there are not hostage. >> this guy gave a million reasons. >> more than justified. >> more than justified. >> legally justified. >> bill: right. >> besides morally and ethically. nevertheless, when you look at the circumstances, the facts that led up to this. this was a very volatile situation. when you take down multiple members of their own. >> bill: 28-year-old woman. >> smart man. >> shoots this poor woman, kills her. all right, for what? >> other thing for the l.a.p.d. >> bill: here is the worse thing. people on los angeles radio justifying this guy murdering these people. >> oh my goodness. >> l.a.p.d. officer justifying murder. >> really? i understand that manifesto. i understand rage. african-american l.a.p.d. understand how he could be driven to that point. >> wanted public support and sentiment or people like this.

supporting this individual, showing up at the courtrooms, protesting, that's the type of thing that happened. >> bill: o.j. simpson how -- in this case this guy is actively around killing people. i mean, these law enforcement people have families and children. >> exactly. they were trying to protect their family. >> i pick up a phone and call a radio station and making excuses for the guy? no evidence at all. nothing. >> the last officer just killed just had a new baby. that was a very bad situation. >> some took it even further than that they were putting signs up on their car saying don't shoot me. you know, don't shoot me l.a.p.d. >> always been cop haters, there always will be. as simple as that somebody been wronged by the police. instead of understanding that, there are some bad police officers, they demonize the whole system. that's what we saw here. now in a case like this. the police, i think, are happened ling it absolutely correctly. they wait. >> right. >> they -- you know, they don't have to feed the media

we are here live and reporting the story because people are interested in this story. if i were the police i would be taking my time here because i don't want to make any mistakes. you make one mistake here and open the door for the aclu and everybody else to come in. >> dorner still alive watching what's going on, he knows exactly. so you want to keep the press away from the scene if you are the police. you don't want them having much knowledge about what's going on. >> they have to complete this investigation by the way because right now he is alleged to have committed these crimes. they have tie it up. there has to be february sick evidence to put this together. murder books to complete this investigation. they just can't assume they have to make certain and tie it in and go with the ballistics, recover any weapons anything from the scene that they can. this is a tremendous amount of work to be done here. >> now the question they are going to be asking is when do they in? how much time before they go in. >> bill: dark. you can't give this guy darkness. >> if he he is still alive. >> bill: right. you have to aassume that the guy is hold up in there gets dark, gives him an advantage. >> especially if he he has no

hostage. advantage of law enforcement. >> bill: i could never be a prosecutor, you know that? the ladies are much smarter than i am. i could never get through law school number one. number two i hate this guy. this dorner guy? you guys as prosecutors you couldn't get emotionally involved. >> absolutely you get emotionally involved. >> really. >> bill: do you really hate these guys? >> not in front of a jury auto why get emotionally involved. >> bill: in front of a jury i would be going hey, you pinheads! that's what i would be going and then they would be going i hate him more than this guy. >> don't call the jurors pinheads. >> see, this dorner, as i said, if he has a bullet between the eyes i'm happy tonight. >> that's a natural human reaction for someone who has committed these crimes and taken life. >> bill: you guys aren't human. you are former prosecutors. >> no. being a prosecutor. >> follow the law and try the case. >> bill: you don't get emotional like i get emotional. >> of course i do. >> bill: you do? but you hide it? >> no. [ laughter ] >> come to some closing

arguments. the best prosecutors are the passionate ones. >> bill: press conference underway now with the mayor of los angeles. let's take it. >> our prayers with their family, with the people of san bernardino, with the police -- with the sheriff's department of that county. i want to thank them for their bravery. i want to thank all of the law enforcement professionals who have are day and night tried to bring christopher dorner to justice and obviously i'm not going to comment on what most of you have seen as i have because i'm not in a position to do that. that's for the representatives of the san bernardino sheriff's department. i also want to say something about the men and women and their families who were targeted. i have called the number of them over the last few days to

tell them that our hearts and prayers are with them. none of us can imagine what they have had to go through, what their children have had to go through, because of the threats of christopher dorner and i just want to thank the members of the los angeles police department who put their lives on the line every single day. thank you very much. [inaudible] >> we're live. >> just i will say now in spanish. [speak spanish] >> bill: all right. that's the mayor and he is speaking in spanish now to the folks. and, you know, that's what politicians do. all right, ladies, thank you very much. i didn't thank you before. you have to sit there now. you can't walk off. we are live. laura ingraham is in washington and she is going to come on in now. there she is.

all right, the state of the union thing, i asked krauthammer this question. you don't get anything out of, this do you? are you even going to watch this, ms. laura or what? >> no. krauthammer and rove and i are going out drinking after this. we are not really going to go watch the state of the union. >> bill: are you going to sit there and watch this. >> of course. i have got to go on the radio this tomorrow morning so i have got to watch. >> bill: say you didn't have to do that would you watch this? >> i would dip in and out. i would be caught doing other things. maccramet and needle point. >> it could be bush or reagan or anybody. >> bill, you know what you are touching on the fact that this has all become sadly degenerating into being a quaws is quaws quasi celebrity show. i'm half expecting kim

kardashian to show up in the box with the first lady. ted new jent is there here is what drives me crazy. updating the dorner story throughout the evening. here is what drives me crazy i have to watch joe biden jump up and down okay? , la, la, la. do i really have to put myself through that? th coolest thing about the state of the union is the campers people who camped along the aisle. >> shake the president's hand. >> sheila jackson lee is the classic state of the union camper. like the people who wait for the star wars movie dress up in a costume. she is waiting. if obama dares pats her without giving her a big hug is he done. okay? wants to be scene. we have serious problems facing this country this is a

hollow gesture. not going to learn anything. is he going to say what he he wants and they will all jump up and applaud. and then republican also sit there like this. >> stone faced. i just hope one of the supreme court justices finally gets up and just, you know, says something at some point. alito moment? >> bill: most of them can't get up. even if they want to get up they can't bill. >> they are not. so mean. this is like the golden globes, the oscars, this is the equivalent really of all of that in washington. like the white house correspondence dinner and state of the union morphed into one event. >> illegal immigrant over here. then we have this person over there. >> bill: whole line up of people. all sitting in the first lady's box. all of the points the president wants to make. this is actually interesting, one of the few interesting things about the evening. all of the points the president wants to make in his speech are sitting with the first lady. so that the cameras can go to them. they have a dream act person.

>> dreamer. >> bill: young person. >> i call those middle class workers today. dreaming of another actual job where they earn money. >> bill: some from newtown, connecticut. gun control pitch. it goes on and on. every issue obama care. they have a physician. and then the. >> you missed one. >> bill: networks will be tipped and have the bioon the screen. >> bill, you missed one. there is actually a farmer hoeing a crop in the box. there is a whole farmer pitch. you just missed that. growing crops. >> bill: sitting with the first lady. >> growing crops in the box. there is not a constituency that is left off from the state of the union. >> bill: my favorite is 12-year-old kid who is a physical fitness expert. going to jump up and do jumping jacks. >>